STATE OF NORTH CAROLINA                          )               OFFICE OF THE COMMISSIONERS

)               STOKES COUNTY GOVERNMENT

COUNTY OF STOKES                                            )               DANBURY, NORTH CAROLINA

)               FEBRUARY 4, 2003

 

 

The Board of Commissioners of the County of Stokes, State of North Carolina, met in regular session

(planning) at the Stokes Rockingham Volunteer Fire Department,  Pine Hall, North Carolina, on Tuesday,

February 4, 2003, at 7:00 pm with the following members present:

 

                              Chairman Sandy McHugh

                              Vice-Chairman John Turpin

                              Commissioner Howard Mabe

                              Commissioner Leon Inman

                              Commissioner Joe Turpin

 

                              Craig Greer, County Manager

                              Darlene Bullins, Clerk to the Board

 

Chairman McHugh called the meeting to order. 

 

Commissioner Inman delivered the invocation.

 

GENERAL GOVERNMENT-GOVERNING BODY-PLEDGE OF ALLEGIANCE

 

Chairman McHugh opened the meeting by inviting the citizens in attendance to join the Board with the Pledge of Allegiance.

 

PUBLIC COMMENTS

 

The following citizens spoke to the Board:

 

Kenneth R. Rickles

1204 Willard Road

Walnut Cove, NC  27052

 

Mr. Rickles presented the Board with documentation concerning individual rights that are protected by the United States

Constitution.  Mr. Rickles questioned the procedures during investigations that were being done by the Department of

Social Services.

 

Mary Kerley

1150 NC 772 HWY

Pine Hall, NC  27042

 

Ms. Kerley questioned the permit being requested by Pine Hall Brick pertaining to the clay mining not being able to be

transferred to another entity.

 

Don Lester

1195 NC 772 HWY

Pine Hall, NC  27042

 

Mr. Lester welcomed the Board to Pine Hall.  Mr. Lester noted concerns of the citizens of Pine Hall and what is the

long- term plan for Pine Hall.

 

Linda Hicks

1130 Rock Road

Madison, NC  27025


Ms. Hicks questioned where to report suspected fraud without a special fraud unit.

 

Rhonda Durham

1515 Lemmons Road

Walnut Cove, NC  27052

 

Ms. Durham expressed appreciation to the Board for a job of fair and just being done.

 

GENERAL GOVERNMENT-PLANNING & COMMUNITY DEVELOPMENT

 

Pine Hall Brick Inc. # 144

Public Hearing and Zoning Request

 

Mr. David Sudderth, Planning and Zoning Director, presented the following request from Pine Hall Brick Inc. to rezone

(Tract #1 and Tract #2) for a clay mining operation:

    

REQUEST: Tract # 1 Rezone approximately 560.24 acres from M-1 (Light Manufacturing) and RA (Residential Agricultural)

to M-2-CU (Heavy Manufacturing Conditional Use) for a clay mining operation.

 

REQUEST: Tract # 2 Rezone approximately 67.374 acres from RA (Residential Agricultural) to M-2-CU (Heavy Manufacturing

Conditional Use) for a clay mining operation.

 

SITE OWNER- Tract #1    Pine Hall Brick Inc.

SITE OWNER- Tract #2   Pine Hall Brick Inc. has purchased the land from William C. Kluttz and others.

APPLICANT:   Pine Hall Brick Inc.

 

SITE LOCATION: Tract # 1

Map: 6983                            Parcel: 6741                      PIN #:               6983-00-13-6741 

Deed Book: 71               Page: 142                        Township: Beaver Island

 

SITE LOCATION: Tract # 2

Map: 698301                        Parcel: 7105                      PIN #:               6983-01-28-7105 

Deed Book: 283               Page: 636                        Township: Beaver Island

 

SITE INFORMATION:

PARCEL SIZE: Total acreage in tract #1 and tract # 2 is approximately 627.614 acres.

Tract # 1 = 560.24 acres Tract # 2 = 67.374 acres

ZONING DISTRICT: Tract # 1, Approximately 314.72 acres of the total 560.24 acres is zoned M-1 (Light Manufacturing), the

remaining portion of the property is zoned RA (Residential Agricultural). Tract # 2, 67.374 acres RA (Residential Agricultural)

PROPOSED DISTRICT: M-2-CU (Heavy Manufacturing Conditional Use)

FLOOD HAZARD AREA: Majority of the property is not located in a flood hazard area.

FIRM MAP #: 370362 0150 B     

FIRM MAP ZONE: Zone X - Area outside 500-year floodplain.

WATERSHED DISTRICT: WS-IV – Madison intake.

SEPTIC/WATER APPROVAL: Due to the lack of structures on the property with water-using fixtures and the proposed use, the

site has been approved for temporary septic disposal, (portable toilets) as needed.

SCHOOL DISTRICTS: N/A

EMERGENCY SERVICES: Stokes / Rockingham VFD # 37, EMS - Station # 101 Walnut Cove.

EROSION CONTROL: Mining permit required by State of North Carolina. Permit must be obtained before any mining activity can

begin. Erosion control plans will be submitted to and approved by (DENR), Department of Environment and Natural Resources,

Land Quality Division.

ACCESS: The proposed business will have an existing driveway access off of Pipe Plant Rd. (SR# 1915), and two potential

accesses off of Brickyard Rd. (SR# 1911). NCDOT must approve any new commercial driveway accesses

SURROUNDING LAND USE: The surrounding land uses consist of. residential development and vacant land. The Dan River

runs along the southern edge of tract #1.Tract #1 is the site of the old brick manufacturing and pipe manufacturing operations.

The railroad runs through the property and by the old brickyard and pipe plant sites. The Kluttz family currently owns tract # 2.

This tract borders tract # 1 and is currently vacant and is surrounded by scattered residential and agricultural uses. This tract

of land is being purchased by the applicant and is in the process of being transferred.

 

 

ISSUES TO CONSIDER:

Impact on surrounding development & community infrastructure, roads, public services etc.

Location of access

Environmental impact.

Increase in tax value of a portion of tract # 1 and all of tract # 2 of the request.

Past commercial use of a portion of tract # 1, the old pipe plant & brick manufacturing plants.

Existing commercial zoning, M-1 on a portion of tract # 1 of the request.

Increased traffic on roads in the area.

Acreage size of request. (Total acreage request – 627.614 acres)

Location of mining sites on the property.

How to reasonably control access to the property, especially the mining sites.

              

STAFF COMMENTS: The rezoning request comes to the Board as a request for a conditional use-zoning district. The Board

may discuss the rezoning petition in detail.

The large acreage size of the request gives the applicant maximum flexibility in pursuing mining activities. Pine Hall Brick Inc.

currently has existing mining facilities located off of US 311 (Kluttz mine 358.844 ac.), and Martin Luther King Rd. (Hairston mine)

The state requires that property that is mined be reclaimed once the mining activity has ceased. The large size of the tracts furnishes

a buffer for the mining activity. Clay mining is pit mining and is limited in size and scope of operation by DENR (Division of Environment

and Natural Resources – Land Quality Division). This is the agency in the state that reviews, issues, and monitors mining permits.

Pine Hall Brick Inc. existing mining activity off of US 311 has not posed a problem to this office since approval of the rezoning petition

and conditional use permit (7-7-98). With proper conditions and the role the state takes in regulating mining activities, the sites should

be able to operate without an adverse effect on the surrounding community. The fact that the request includes the entire property limits

the applicant from doing anything else with the property without amendment to the conditional use permit. If changes are requested in

the conditional use permit a public hearing must be held, notification to surrounding property owners made and the Stokes County

Board of Commissioners must give approval for the requested change. This procedure should provide adequate safeguards for the

community.

 

PLANNING BOARD RECOMMENDATION:

 

Mr. Sudderth stated that the Planning Board voted 7 to 0 to approve the rezoning for

 

Tract #1 Rezone approximately 560.24 acres from M-1 (Light Manufacturing) and RA (Residential Agricultural) to M-2-CU

(Heavy Manufacturing Conditional Use) and

Tract #2 approximately 67.374 acres from RA (Residential Agricultural) to M-2-CU (Heavy Manufacturing Conditional Use)

for a clay mining operation. (Planning Board meeting had been rescheduled from January 23rd to January 30th due to inclement weather)

 

The Planning Board also recommended the following conditions:

 

1)      PINE HALL BRICK MUST OBTAIN MINING PERMIT FROM THE STATE OF NC

2)      PINE HALL BRICK MUST OBTAIN A COMMERCIAL DRIVEWAY PERMIT FROM NCDOT

3)      MINIMUM SETBACK SHALL BE A 100FT. VEGATATIVE BUFFER BETWEEN PROPERTY LINES AND MINING ACTIVITIES

4)      HOURS OF OPERATION SHALL BE REGULAR WORKING HOURS BEGINNING AT 7:00 A.M. AND 7:00 P.M. SIX (6) DAYS A WEEK. NO SUNDAY OPERATIONS.

 

Mr. Sudderth noted the fact that Pine Hall Brick had requested that the rezoning petition include the entire property which would

limit the applicant from doing anything else with the property without amendment to the conditional use permit.  If changes are

requested in the conditional use permit, a public hearing must be held, notification to surrounding property owners made, and

the approval by the Stokes County Board of Commissioners.

 

The following spoke concerning the rezoning request:

 

               Mr. Vernon Moore

Vice President-Manufacturing-Pine Hall Brick

 

Mr. Moore introduced the following in attendance from Pine Hall Brick, Inc.:

Fletcher Steele – President

John Dowdle – Vice President- Operations

Preston McMillian- Manager

Workers from the area employed by Pine Hall Brick

 

Mr. Moore reviewed the history of the clay mining done by Pine Hall Brick which has had no negative effect on the surrounding

property values.  Mr. Moore noted the following needs for the rezoning: company has become the largest manufacturer in the

United States for clay pavers; plans to export pavers outside the United States; 40 years of mining the Hairston Mine has nearly

depleted the needed materials; closer to Pine Hall Brick Factory; less truck traffic; and an increase to the Stokes County tax

base by continuing to sell the reclaimed Hairston Mine property for homes and small farms.

 

Mr. Moore concluded with a pledge from Pine Hall to work hard to minimize the impact of this mining operation, work within the

limits of the mining permit received by the State, work within the limits established by the Planning Board, and be able to

address any situation that may arise.

 

Concerned Comments from the Citizens of Pine Hall

 

Damage to underground water table, and used pits

(Mr. Moore noted not allowed to mine near water table and used pits are reclaimed with no standing water remaining).

 

Environmental Impact on water, air, and wildlife.

(Mr. Moore noted all must be approved before mining permit is approved).

 

Portions being mined at one time.

(Mr. Moore noted plans have to be approved by State, proposed 2-3 acres per year)

 

Increased Truck Traffic on Highways.

(Mr. Moore noted a possible increase from 1 day a week to 2 days a week.)

 

Traffic at Intersection 311/Pipe Plant Road

(Mr. Moore noted the support from Pine Hall Brick to seek additional signage from the State, possibly cutting trees for better sight,

and work with the Board of Commissioners for any improvement possible at the Intersection.)

(Mr. Sudderth noted during the process for approval of the commercial driveway permit, NCDOT would look at all possibilities.)

 

Chairman McHugh entertained a motion concerning the rezoning petition from Pine Hall Brick, Inc. for clay mining operation.

 

Commissioner Joe Turpin moved to approve the rezoning petition from Pine Hall Brick, Inc. for clay mining operation. 

 

Commissioner Inman seconded the motion.

 

Commissioner Joe Turpin questioned Mr. Sudderth concerning the possibility of the land being used for landfill use. 

 

Mr. Sudderth noted that the request for conditional use, ties the property to clay mining and a landfill is not a permitted

use in our zoning ordinance.

 

The motion carried unanimous.

 

Mr. Sudderth requested the Board’s approval for conditional uses:

 

CONDITIONAL USES

The responsible body shall approve, modify, or deny the application for conditional use following the public hearing. 

In granting a conditional use, the responsible body shall insure the following:

 

1.      The requested use is listed among the conditional uses in the district for which application is made.

 

2.      The requested use is essential or desirable to the public convenience or welfare.

 

3.      The requested use will not impair the integrity or character of the surrounding or adjoining districts, nor be

               detrimental to the health, morals, or welfare.

 

4.      Due consideration has been given to the suitability of the property for the use applied for with respect to trends

              of growth or change; the effect of the proposed use upon the community; requirements for transportation, schools,

              parks, playgrounds, recreational area, conservation of natural resources, preservation of floodplains, and encouraging

              the most appropriate use of the land.

 

5.      Adequate utilities, access roads, drainage, sanitation and/or other necessary facilities have been or are being provided

 

6.      That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic

               congestion in the public streets.

 

Chairman McHugh entertained a motion concerning the conditional uses.

 

Commissioner Mabe moved to approve the stated conditional uses.  

 

Vice Chairman John Turpin seconded and the motion carried unanimously.

 

Mr. Sudderth noted the Planning Board approved the following conditional uses by a 7 to 0 vote, which has also been agreed to

by Pine Hall Brick, Inc:

 

1.       PINE HALL BRICK MUST OBTAIN MINING PERMIT FROM THE STATE OF NC

2.       PINE HALL BRICK MUST OBTAIN A COMMERCIAL DRIVEWAY PERMIT FROM NCDOT

3.       MINIMUM SETBACK SHALL BE A 100FT. VEGATATIVE BUFFER BETWEEN PROPERTY LINES AND MINING ACTIVITIES

4.       HOURS OF OPERATION SHALL BE REGULAR WORKING HOURS BEGINNING AT 7:00 A.M. AND 7:00 P.M.

          SIX (6) DAYS A WEEK.

          NO SUNDAY OPERATIONS

 

Chairman McHugh entertained a motion to concerning the conditional uses.

 

Vice Chairman John Turpin moved to approve the Planning Board’s conditional use recommendations (items 1-4) along with

the following additions:  Both parties will  work with NCDOT to have signs placed on each side of the road at the intersection of

311/Pipe Plant Road to alert oncoming traffic that “Trucks Entering Highway”, and all parties concerned will work as hard as we

can with NCDOT to make sure the all ingress and egress, line of sight, and safety issues are resolved to the best possible solution. 

 

Commissioner Mabe seconded the motion.  Mr. Moore – Pine Hall Brick, agreed to the additional conditional uses. 

 

The motion carried unanimous.

 

ZONING TEXT AMENDMENT

 

Mr. Andrew Meadwell, Assistant Planning Board Director submitted the following Zoning text amendments which was approved

by a vote of (8-0) by the Planning Board:

 

ZONING TEXT AMENDMENT

On October 8, 2002 the Stokes County Board of Commissioners tabled a vote on the following zoning text amendments to the

M-2 (Heavy Manufacturing) zoning district. This text amendment is a revision of existing text in the zoning ordinance. The following

 text adds requirements for permitted uses and conditional uses. This amendment also creates a special use section for the M-2

(Heavy Manufacturing District).

Amend Article VIII Section 92. M-1 (Heavy Manufacturing District):

Add requirements to sub-section 92.1 (Permitted Uses), the addition of uses to subsection 92.2 (Conditional Uses), the creation

 and addition of uses of subsection 92.3 (Special Uses), and the renumbering of subsequent sections where needed.

 

Section 92.  Heavy Manufacturing District

 

The M-2 Heavy Manufacturing District is designed to accommodate all but the most obnoxious industries.  However, it is

expected that industries permitted here by right, as well as those permitted conditionally, will minimize their emission of

smoke, dust, fumes, glare, noise and vibrations.  A development plan shall be prepared for all uses in the M-2 Heavy

Manufacturing District and sealed by an Architect, Engineer, or Surveyor licensed in the State of North Carolina containing

the following information:

 

A.     The location, floor plans and general exterior dimensions of main and accessory buildings.

B.     Location, arrangement, and dimensions of truck loading and unloading spaces and docks.

C.     Architectural plans all for proposed buildings

D.     Location, design and dimensions of vehicular entrances, exits, and drives.

E.     Ground cover, stream topography, slopes, banks, and ditches.

F.      The location, dimensions, and arrangements of areas to be devoted to plantings, lawns, trees, and other plants. 

G.     Location and materials of walls and fences.

H.     Specific drainage systems, as it relates to the site and adjoining properties.

I.        Location, arrangements and dimensions of automobile, width of aisles, width of bays, angled parking and

       sidewalk layouts.

J.      The plans for proposed utility layouts, including sanitary sewers, storm sewers, water distribution lines and

       electrical service.

K.     Plans for refuse disposal equipment and method of refuse disposal such as compactors or dumpsters.

L.      Preliminary sediment control plan.  Developer must submit a copy of the approved sediment control plan

       prior to development or construction.

M.     Delineation of areas to be constructed in phases and sequential order.

N.     An analysis of anticipated traffic volume.

O.     The plans for proposed utility layouts, including sanitary sewer, storm sewers, water distribution lines, natural

        or propane gas lines, telephone and electrical service (all utilities shall be constructed to local government body

        standards, if applicable).

P.     Evidence that the North Carolina Department of Transportation has been made aware of the proposed

       development and that the developer will coordinate for the development with this agency.

 

92.1                 Permitted Uses

 

§        All uses permitted in the M-1 Light Manufacturing District.

§        Animal hospitals.

§        Automobile repair garages, including body works, but excluding open storage of wrecked cars unless

      a solid fence at least six (6) feet in height encloses them.

1.      No storage of materials, parts, tires or dismantled vehicles shall be allowed in the front yard of any

       vehicle repair/service garage.

2.      Storage of all materials, parts, tires and dismantled vehicles shall be in the rear of the primary structure

       and shall be enclosed by a solid fence no less than eight (8) feet in height.

3.      No storable materials, parts, tires or dismantled vehicles shall be stacked or placed to reach a height of six (6) feet. 

§        Circuses, carnivals and fairs.

§        Coal and wood yards, pole treating plants.

§        Contractors’ offices and storage yards.

1)      Provided any storage yards are fenced by a solid fence not less than six (6) feet in height.

2)      No storage shall be allowed in any required setback, and be located at least twenty (20) feet

       from any public right-of-way.

§        Motorcycle, lawnmower, and power saw sales and service.

§        Plating works.

§        Public works and public facilities, including service and storage yards.

§        Rubber products manufacturing.

§        Sheet metal, roofing, plumbing, heating and refrigeration shops.

                 92.2                 Conditional Uses

 

§        Automobile wrecking yards or junk yards and similar types of used material industries when

       conducted within a structure or on a lot enclosed by a solid fence at least six (6) feet in height,

       and provided further that the Board of Adjustment finds that such wrecking yard or used material

       industry will have no injurious effect on the public interest or welfare.

§        Brick, tile and pottery yards.

§        Building materials and specialties manufacturing.

§        Concrete and asphalt products plants.

§        Farm machinery assembly, sales and repairs.

§        Machine tool manufacturing.

§        Metal fabricating plants, including boiler and tank works.

§        Quarries

                 1) Buffer strips shall be provided.  Furthermore, all mine openings and quarries shall be enclosed by

                                      a cyclone-type fence not less than eight (8) feet in height and located not less than ten (10) feet

                                      from the excavation edge wherever in the judgment of the Zoning Enforcement Officer says

                                      shall be necessary for safety.

                 2) Blasting operations shall be conducted only between the hours of 8 A.M. and 6 P.M.  Furthermore,

                                      all blasting, drilling, and other sources of noise, vibrations, flying debris, and dust shall be conducted

                                      in such a way as to cause the minimum nuisance or hazard to adjacent or neighboring properties at

                                      any time.

                                  3) The proposed use will not endanger the public health and safety, nor substantially reduce the value or

   nearby property.

                                  4) The quarry and all its buildings, pits and processing equipment will be separated by a 300 foot buffer

   from the street and from any adjacent property.

                                  5) The use and all its buildings, pits, and processing equipment shall be provided with an opaque screen to

   shield the view from the public street and from all abutting properties.

                                  6) Access to the quarry shall be from a state maintained road and be approved by the NC Department of

  Transportation.

                                  7) Upon termination of quarrying operation, the site must have reclamation plan submitted to the Planning

                                  Department.

§        Rubber products manufacturing.

§        Sawmills, planing mills pallet and basket factories.

§        Sheet metal, roofing, plumbing, heating and refrigeration shops.

§        Customary accessory uses and structures including open storage.

§        County Governmental Uses (#15)/Board of Commissioners (#16)

Amendment #15--Amended August 20, 1984

                                  Amendment #16--Amended January 7, 1985

§        Manufacturing uses not otherwise named herein, provided no use shall be permitted in this district which is likely to

        be dangerous or detrimental to the health, safety, welfare, or general character of this zoning district or of the community.

§        Raceways/Drag strips

1.      That the proposed use will not endanger the public health and safety, nor substantially reduce the value of surrounding properties.

2.      That the use shall be located on a lot/parcel of at least fifty (50) acres.

3.      That vehicular access to the use will be provided only by way of a North Carolina State Maintained Major/Main thoroughfare.

4.      That no direct beams of light from outdoor lighting fixtures, signs, or vehicle maneuvering on the site will shine

 into any abutting property located in a residential district.

5.      The site shall be screened from the street and abutting properties by a masonry wall, or solid wood fence. 

A twenty (20) foot wide semi-opaque vegetative screen with an expected height of at least eight (8) feet at

maturity and shall be placed on the exterior of the fence or wall.  If a chain link or similar material is used, the

 vegetative screen shall be placed on the interior side of the fence.

6.      The use shall have a minimum separation of at least two hundred (200) feet from any adjoining property line.

7.      The hours of operation will be no earlier than 7:00 AM and no later than 11:00 PM.    

 

92.3 Special Uses

 

§        Airports/Landing facility

§        Chemical manufacturing, household or industrial.

§        Coal and wood yards, pole treating plants.

§        Environmentally sensitive uses not expressly permitted

§        Feed and seed stores and hatcheries.

§        Fertilizer manufacturing and sales.

§        Foundries producing iron, steel, copper, brass and aluminum products.

§        Livestock sale barn.

§        Meatpacking and poultry processing plants.

§        Mining and Quarrying Operations, provided:

1)      Blasting operations shall be conducted only between the hours of 8 A.M. and 6 P.M.  Furthermore, all blasting,

                      drilling, and other sources of noise, vibrations, flying debris, and dust shall be conducted in such a way as to cause the

                     minimum nuisance or hazard to adjacent or neighboring properties at any time.

2)      All mine openings and quarries shall be enclosed by a cyclone-type fence not less than eight (8) feet in height and

       located not less than ten (10) feet from the excavation edge wherever in the judgment of the Zoning Enforcement Officer

       says shall be necessary for safety.

3)      The proposed use will not endanger the public health and safety, nor substantially reduce the value or nearby property.

4)      The quarry and all its buildings, pits and processing equipment will be separated by a 300 foot buffer from the street

       and from any adjacent property.

5)      The use and all its buildings, pits, and processing equipment shall be provided with an opaque screen to shield the view

from the public street and from all abutting properties.

6)      Access to the quarry shall be from a state maintained road and be approved by the NC Department of Transportation.

7)      Upon termination of quarrying operation, the site must have reclamation plan 

       submitted to the Planning Department.

 

Chairman McHugh entertained a motion to amend or approve the submitted Zoning Text Amendments.

 

Commissioner Inman moved to approve the submitted Zoning Text Amendments with the following amendments:

 

Section 92.  Heavy Manufacturing District -  add item Q. Or any other requirement the Boards may deem necessary.

                   

92.1        Permitted Uses  -change wording to read - All permitted, conditional

          and special uses permitted in the M-1 Light Manufacturing District.

 

92.2        Conditional Uses – change wording from Board of Adjustments to

to Board of Commissioners

§        Automobile wrecking yards or junk yards and similar types of used material industries when conducted

       within a structure or on a lot enclosed by a solid fence at least six (6) feet in height, and provided further

       that the Board of Commissioners finds that such wrecking yard or used material industry will have no

       injurious effect on the public interest or welfare.

                             

92.2 Conditional Uses – Item 5 added the wording “as deemed necessary by the Boards.  The use and all

its buildings, pits, and processing equipment shall be provided with an opaque screen to shield the view

from the public street and from all abutting properties as deemed necessary by the Boards.

 

92. 3 Special UsesTransferred the following Mining and Quarrying Operations sections to 92.2 Conditional Uses:

 

       Mining and Quarrying Operations, provided:

1.      Blasting operations shall be conducted only between the hours of 8 A.M. and 6 P.M.  Furthermore, all blasting,

     drilling, and other sources of noise, vibrations, flying debris, and dust shall be conducted in such a way as

     to cause the minimum nuisance or hazard to adjacent or neighboring properties at any time.

2.      All mine openings and quarries shall be enclosed by a cyclone-type fence not less than eight (8) feet in height

     and located not less than ten (10) feet from the excavation edge wherever in the judgment of the Zoning

     Enforcement Officer says shall be necessary for safety.

3.      The proposed use will not endanger the public health and safety, nor substantially reduce the value or nearby property.

4.      The quarry and all its buildings, pits and processing equipment will be separated by a 300 foot buffer from

      the street and from any adjacent property.

5.  The use and all its buildings, pits, and processing equipment shall be provided with an opaque screen to shield

      the view from the public street and from all abutting properties.

6.  Access to the quarry shall be from a state maintained road and be approved by the NC Department of Transportation.

7.  Upon termination of quarrying operation, the site must have reclamation plan submitted to the Planning Department.

 

Commissioner Mabe seconded and the motion carried unanimously.

 

SCATTERED SITE HOUSING REHABILITATION PROJECT

 

Mr. Meadwell also requested the Board’s approval the following documentation concerning the Scattered Site Housing

Rehabilitation Project:

 

·        Equal Employment and Procurement Plan

·        Local Economic Benefit For Low and Very Low Income Person 2001 CDBG

Program

·        Complaint Procedure

 

Mr. Meadwell noted these documents must be signed yearly during the grant period.

 

Chairman McHugh entertained a motion concerning the documentation submitted by Mr. Meadwell.

 

 

Commissioner Mabe moved to approve the submitted documentation concerning the Scattered Site Housing Rehabilitation

Project. 

 

Vice Chairman John Turpin seconded and the motion carried unanimously.

 

COMPLAINT PROCEDURE

 

BE IT ORDAINED by the Stokes County Board of Commissioners, that in accordance with CDBG Regulations, Stokes County

is adopting the following procedures to process citizens complaints:

 

Citizens may make comments at any point in the program including planning, implementation and closeout.  The County will

respond in writing to written citizens comments.

 

Citizens comments should be mailed to:

 

Andrew Meadwell, Asst. Planning Director

Stokes County

PO Box 20

Danbury, NC 27016

 

The County will respond to all written comments within ten (10) calendar days or receipt of the comments.

 

If the citizen is dissatisfied with the local response, they may write to the North Carolina Department of Commerce, Division of

Community Assistance, 1307 Glenwood Ave, Suite 250, 4313 Mail Service Center, Raleigh North Carolina 27699.  DCA will only

respond to written comments within ten (10) calendar days of the receipt.

 

ADOPTED this the 4th day of February, 2003.

 

                                                                           ____________________________

                                                                                          Chief Elected Official

                                                                           ____________________________

                                                                                          Title

                                                                           ____________________________

                                                                                          Date

ATTEST:

_______________________

Clerk to the Board

 

 

 

Equal Employment and Procurement Plan

 

 The City/County/Town of STOKES maintains the policy of providing equal employment opportunities for all persons regardless of race,

color, religion, sex, national origin, handicap, age, political affiliation, or any other non-merit factor, except where religion, sex, national

origin, or age are bona fide occupation qualifications for employment.

 

In furtherance of this policy, the City/County/Town prohibits any retaliatory action of any kind taken by any employee of the locality

against any other employee or applicant for employment because that person made a charge, testified, assisted or participated in

any manner in a hearing, proceeding, or investigation of employment discrimination.

 

The City/County/Town shall strive for greater utilization of all persons by identifying previously under utilized groups in the work force,

such as minorities, women, and the handicapped, and making special efforts toward their recruitment, selection, development and

upward mobility and any other term, condition, or privilege or employment.

 

Responsibility for implementing equal opportunities and Affirmative Action measures is hereby assigned to the Mayor/Chairman/

and/or other persons designated by the Chief Elected Official to assist in the implementation of this policy statement.

 

The City/County/Town shall develop a self-evaluation mechanism to provide for periodic examination and evaluation.  Periodic

reports as requested on the progress of Equal Employment Opportunity and Affirmative Action will be presented to the Chief

Elected Official.

 

The City/County/Town is committed to this policy and is aware that with its implementation, the City/County/Town will receive

benefits through the greater utilization and development of all its human resources.

 

Adopted this 4th day of February, 2003.

 

                                                            ___________________________

                                                                  (Chief Elected Official)

 

 

ATTEST:

 

______________________

    (Clerk to the Board)

 

 

 

 

Local Economic Benefit for Low-and Very Low-Income

Persons Plan 2001 CDBG Program

 

To insure that, to the greatest extent possible, contracts for work are awarded to business concerns located or owned in substantial

part by persons residing in the Section 3 covered area, as required by Section 3 of the Housing and Urban Development Act of

1968, the City/County/Town of  STOKES  has developed and hereby adopts the following Plan:

 

This Section 3 Plan shall apply to services needed in connection with the grant including, but not limited to, businesses in the fields

of planning, consulting, design, building construction/renovation, maintenance and repair, etc.

 

This Section 3 covered project area for the purposes of this grant program shall include the City/County/Town of  STOKES  and

portions of the immediately adjacent area.

 

When in need of a service, the City/County/Town will identify suppliers, contractors or subcontractors located in the Section 3 area. 

Resources for this identification shall include the Minority Business Directory published through the State Department of Commerce,

local directories and Small Business Administration local offices.  Word of mouth recommendation shall also be used as a source.

 

The City/County/Town will include this Section 3 clause in all contracts executed under this CDBG Program.  Where deemed

necessary, listings from any agency noted above shall be included as well as sources of subcontractors and suppliers.

 

The prime contractor selected for major public works facility or public construction work will be required to submit a Section 3 Plan

which will outline his/her work needs in connection with the project.  Should a need exist to hire any additional personnel, the Forsyth

County Employment Security Commission shall be notified and referred to the contractor.

 

Each contract for housing rehabilitation under the program, as applicable for jobs having contracts in excess of $ 100,000 shall be

required to submit a Section 3 Plan.  This Plan will be maintained on file in the grant office and shall be updated from time to time

as the grant staff may deem necessary.

 

Early in our project, prior to any contracting, major purchases or hiring, we will develop a listing of jobs, supplies and contracts

likely to be utilized during the project.  We will then advertise in our local newspaper an advertisement, prominently located as

 a display advertisement, the pertinent information regarding the project including all Section 3 required information.

 

 

 

 

 

Adopted this 4th day of February, 2003

 

                                                                           _________________________________

                                                                                          (Chief Elected Official)

 

                                                                           _________________________________

                                                                                          (City/County/Town)

 

ATTEST:

 

__________________________

      (Clerk to the Board)

 

 

 

Mr. Meadwell updated the Board concerning the Rehabilitation Project.

 

Zoning & Environmental Health Setback Requirements

 

Mr. Sudderth presented the Board with sample handout pertaining to Zoning & Environmental Health Setback Requirements. 

When completed, this information could be placed on the County Web Page or given to individuals to help understand Setback

Requirements.

       

GENERAL GOVERNMENT – ADMINISTRATION- VACANT ANIMAL  CONTROL OFFICER

 

County Manager Craig Greer requested the Board’s approval to be allowed to fill the animal control officer’s position that

became vacant today (2-4-03).  Manager Greer explained that the current animal control officers remaining have excessive

amounts of comp. time. Without this position, their hours would soon exceed the 240-hour limit, thus resulting in having to

pay for comp. time and severely cutting service to the citizens. 

 

Commissioner Mabe moved to approve the motion to allow the vacancy of the animal control officer to be filled. 

 

Commissioner Inman seconded and the motion carried (3-2) with Vice Chairman John Turpin and Commissioner Joe Turpin

voting against the motion.

              

 

There being no further business to come before the Board, Commissioner Mabe moved to adjourn meeting. 

 

Commissioner Joe Turpin seconded and the motion carried unanimously.

 

 

 

_________________________                                  _____________________________

Darlene Bullins                                                            Sandy McHugh

Clerk to the Board                                                 Chairman